Planning Permission

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We have recently applied for planning permission to build 6 new small houses on existing land currently occupied by small retail/industrial units some no longer occupied and some with just a short time left on the lease (1 year max) there has been little objection locally and we have also agreed to incorporate a small (6 people) office unit for rental for a small business (planning suggestion). We have however been turned down on the basis that the site will no longer be a location for local employment (was 12 - 20 people max) but the vote was fifty/fifty across the committee with the final oppossing vote by the chair person. Do you think this is worth an appeal and if so what would you suggest we use to favour it?
The site will never be used as lettings for business again as it is owned by my elderly parents who do not want the hassle any longer.

#1

Re: Planning Permission

Bill Ta'few's photo

Hi Woody

What kind of area is it in? Is it the only Industry in a residential area or would the new houses be isolated within a commercial area?

If your parents weren't running it down would there be demand for the units?

Committees are a law unto themselves and their opinion is not based on Planning Issues, what was the Planners view on it before it went to committee? This gives you a better idea on how it was viewed in general planning terms and so the likelihood of success at appeal, if the Planners were in favor, there was little objection and the committee was 50/50 then an Appeal might be worth a shot, particularly if there's low demand for the units and this can be demonstrated. Have a chat with a Planning Consultant, rather than your Architect.

A few alternative ideas though:

The appetite for Commercial Property investment is returning, if the units are in demand and the area could be redeveloped more intensively the site could be worth as much/ more with commercial planning as residential.

How about 'Live / Work' units, effectively a house/ apartment with some commercial space attached, the ratio between the two would need negotiating. Ideal for many small businesses that people currently run from home, I'm convinced these are going to get far more popular in the future, although I suspect they will remain more of a rental proposition.

Sell it now as a going concern, but include a clause to allow you to benefit in some of the uplift in value if it does get residential planning.

#2

Re: Re: Planning Permission

Woody's photo

Thanks Bill, you have confirmed my thoughts. It is a residential area and the planners were for it, I was thinking of a planning consultant as well so yes I think an appeal would be worth a shot.
Thanks for you input
Kind regards, Woody.

#3

Re: Planning Permission

Dave Shakespeare's photo

I would not hesitate in recommending employing a planning consultant. I've previously undertaken several DIY extensions and a self build house and did all the paperwork myself. NOT ANYMORE. My local planning authority are very despotic and I was refused on one planning officer's opinion although he quoted several sections to support his refusal. My planning consultant blew him and all of his legislation clean out of the water, in fact he showed the legislation quoted either supported my application or was totally irelevent. I won my appeal with no further conditions imposed and I await a full refund of costs from the local authority.

#4

Re: Planning Permission

Anonymous's photo

Would one need PP to change rooms in a lodge or inn into flats for rent?

#5

Re: Planning Permission

Trees's photo

Hi -

I am wondering if anyone can give me advice on building a small one-storey(2/3bed) dwelling for residentual purposes,on agricultural land.
I plan to buy a couple of acres of land, set up a business planting trees then selling them after 6 years,on a rotation from then on, in short.
I have read in several places its possible to do this with a few guidelines. Can anyone give me some advice on this?
I know I have to have an established business for 3 years, have an existing functional need (which I would as security for the trees), that the business is financially sound and that the planning requirements are satisfied. The thing that gets me is "The need could not be fulfilled by other existing local accommodation" This baffles me as this means you have to prove that no houses have been for sale in the nearby community for a number of years? Is this correct?
Any advice on this subject would be very much appreciated.

#6

Planning Permission/Restrictions/Access

Mike Walden's photo

Hi,

I have a (mortaged) 3-bed semi-detatched property in Surrey which occupies a double-width plot. The property is located in a cul-de-sac and is the last property on the 'odd house numbered' side. The property has a double-width dropped kerb to the front which provides driveway access onto off-street parking.

The 'double-width' attribute of the property came about when a previous owner purchased an adjoining piece of land - thus making the original plot the size it is now.

Having recently divorced I am considering seperating my property - from the additional piece of land - in order to pursue planning permission and then possibly build a smaller detatched house (2 or 3 bed) on the additional plot.

- The new plot (25a) once divided from my existing property (25) would be 30ft wide x 80ft long (approx)

- There are 5 restrictions on the 'new plot' (25a) and these were registered in 1957, so I believe my first steps would be to consult a solicitor. The restrictions are along the lines of 'maintaining a fence along the boundary', 'no trees bigger than 4ft', 'not to be used as to cause a nuisance'. One restriction is, 'not entitled to any right of light or air over or in respect of the said adjoining land' - this refers to the private nursery next door to me. The final restriction is, 'no building shall be erected thereon other than a garage provided that the type of garage and the propsed site thereof shall first be approved by the council and such approval shall not be unreasonably withheld'

- After separation - my existing property (25) would assume the same qualities as the semi-detatched it's currently adjoined to i.e. no garage or driveway, however my existing property (25) does have a double-width drop kerb and the front garden (already open - i.e. no wall) can be used as off-street parking

- I believe the new plot (25a) could quite comfortably accommodate a 6.5m x7m L-shaped house - even allowing for boundary clearances etc

- I've contacted Surrey Council (and Highways) to determine ownership of the section of land I'd like to acquire - in order to further open up access to the new plot (25a)

- About ten years ago the victorian semi directly opposite my property did exactly what I am considering i.e. sectioned off a plot of land to the side of their property and built a 3-bed detached house. Their new plot is shaped like a very steep triangular shape, and the rear garden for their new plot is almost non-existent (maybe 15ft at most).

Anyway... All the above could remain a pipe-dream if the restrictions registered against the land (25a) can't be overturned.

Please could you advise how I might investigate having the 'main' restrictions bypassed/over-ruled - or if possible the possibility that the restrictions could be over-ruled.

Thank you,

Mike

#7

Re: conditions

Nics's photo

Need some advise please.
We have been granted planning permission, however one of the conditions is that we have to connect to the mains sewerage infrastructure in the village and our drawings showing the Klygestor has been knocked back. We are currently using a Klygestor for our temporary accommodation and once the house is built we would connect the new build drains to the kylgestor Is there anyway we can appeal to this condition? Any advise would be very much appreciated and the way to move forward.

#8

Re: Planning Permission

Samuel Joy's photo

Hi Nics,

I've reposted your question as the start of a new thread as I believe you are more likely to receive a response to your question that way.

The link is http://www.homebuilding.co.uk/forum/planning-permission-and-legal-issues...

Kind regards,
Sam Joy (Online Editor)

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